There was probable cause to believe that evidence of defendant’s gambling and money laundering would be found in his home because he could store records at home and run his business from there. State v. Robinson, 2016-Ohio-7823, 2016 Ohio App. … Continue reading →
OH3: Showing of PC justified nexus to SW for def’s home
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The attorney-client relationship is the foundation for a strong criminal defense
Essential to a successful criminal defense is a strong attorney-client relationship. This maxim is at once basic and essential to repeat again and again. Great criminal defense lawyers live this maxim as naturally and essentially as the air they breathe. Sadly, I have had some criminal defense lawyers unabashedly underline to me that they are not crazy about their clients, do not believe in adopting their clients’ cause as their own, and do not believe in gutting it out for their clients. I ask that latter group, at minimum, to make these stands known at the outset to their potential clients. The first exercise at the two-week 1994 National Criminal Defense College’s Trial Practice Institute (highly competitive to gain admission, and thus with great and greatful participants) is the initial meeting with our clients. One-by-one, all eight in our group — all but one public defender lawyers — spent the day meeting for the first time with…
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IA: Ordering def off his porch and out to the driveway is a seizure
“[W]e conclude that White was seized within the meaning of the Fourth Amendment when Officer Stricker directed White to step off of the front porch and onto the driveway. We reach this conclusion for several reasons. …” State v. White, … Continue reading →
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W(h)ither Free Speech
For many years now, it has seemed—at least to myself, and many of the people I have talked to about it—as if freedom of speech is the Final Frontier. Unlike the Fourth Amendment, Amendment One has been the one amendment that has remained beyond the stranglehold the government, with courts aiding and abetting the diminution of the former, but continuing to support the latter. It may be that this was an illusion, and that all along there was a building current ready to sweep away this remaining bastion of constitutionally-shielded rights privileges.1 In any event, all that may be about to change. Freedom of speech is about to be parceled out, with the lion’s share going only to those deemed deserving of the privilege. In Burnet County, Texas, the San Antonio Police Department posted about the arrest of 31-year-old Otis Tyrone McKane, accused of the cold-blooded murder of Detective Benjamin Marconi as he sat in his car writing a traffic ticket for someone…
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Fatal Crash US95 @307
Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 CASE #: L16001525 District: District Two --------------------- PRESS RELEASE ----------------------------- DATE: 11/25/2016 TIME: 1:47 PM LOCATION: NB US95 @307.2 ASSISTING AGENCIES: Nez Perce County Sheriff's Office, Lewiston Ambulance ------------- VEHICLE #1 DRIVER: John Herndon AGE: 93 ADDRESS: Culdesac, Idaho INJURIES: Fatal HOSPITAL TAKEN: St Joseph Medical Center VEHICLE YEAR: 2007 VEHICLE MAKE: Chevy VEHICLE MODEL: Silverado WRECKER: Forest Wrecking SEATBELTS WORN: Yes ------------- VEHICLE #2 DRIVER: Andrew Butler AGE: 19 ADDRESS: Eagle, Idaho INJURIES: No VEHICLE YEAR: 1995 VEHICLE MAKE: Ford VEHICLE MODEL: Mustang WRECKER: Forest Wrecking…
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El Ajedrez, la educación y yo
El Ajedrez, la educación y yo. Muchas suelen ser las soluciones propuestas para impulsar el desarrollo del Perú, muchas también las explicaciones por sus fracasos o porqué nunca se intentó llevarlas a la práctica. Los gobiernos de turno, antes y después de llegar al poder ofrecían, como lo ha hecho el actual gobernante, impulsar tal desarrollo es más, el Presidente Constitucional Pedro Pablo Kuczynski Godar que en mi opinión no ha renunciado a su nacionalidad norteamericana, amante de la música clásica, domina la ejecución de más de un instrumento, de las artes como su correlato inmediato y del deporte, ya en el cargo se comprometió a impulsar las disciplinas precitadas, no conozco evidencia de haber iniciado el cumplimiento de esa promesa, peor aún, con su visita a los jugadores del negocio más rentable en…
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Double Fatality Crash on 4100 N at 2700 E in Twin Falls County
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 11/26/2016 5:46 am Please direct questions to the District Office On Friday, November 25, 2016 at 11:49 pm, Idaho State Police investigated a double fatality crash on 4100 N at 2700 E in Twin Falls County. Weston O. Rynestad, 23, of Twin Falls and Anthony L. Beltran, 26, of Twin Falls were driving southbound on 2700 E in a 1996 Honda Civic. The driver lost control of the vehicle, drove off the road, overcorrected, and struck a tree. It is unknown who was driving the vehicle. Rynestad and Beltran were ejected from the vehicle. Neither was wearing a seatbelt. They both succumbed to their injures at the scene. Next of kin has been notified. This crash is under…
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Shelter From The Storm
There are “sanctuary cities,” places which, as a matter of local policy, have chosen to be less than cooperative with federal requests to hold undocumented aliens who come into their clutches. Usually, this means that a person arrested for a violation of law will not be held on an immigration detainer after he would otherwise be released. There are a few reasons why a local government would want to do this. The first is financial. Holding people until the ICE shows up to take them is expensive. They still need to be housed and fed in custody, and ICE is busy. It may show up today or a month from today. Or never. It’s not like the local sheriff can call ICE and order them to get their butts over to pick up their prisoners. The second is that feds and locals don’t get along. The feds are snotty elites to the locals, and the locals have their own jobs to do, like stopping murders and mean twits that hurt their feelings. The feds “desire” for the…
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Convenience vs. the Constitution: CCA habeas procedures value former over latter, says high-court judge
Thanksgiving is over, but Grits is grateful for Texas Court of Criminal Appeals Judge Elsa Alcala, without whom I wouldn't have been aware of this major problem with the court's habeas corpus procedures.In an opinion released this week, Alcala pulled back the curtain on the court's internal policies to reveal how most habeas writs are decided by a single judge, in her opinion in contradiction to requirements in Texas' Constitution and statutes. This is a must-read opinion for anyone interested in Texas habeas corpus matters.Basically, the CCA has identified entire classes of cases which are segmented out by staff and routinely denied by a single judge. Alcala agreed the writ in this case should be denied, but filed this concurrence to expose problems with the process.In Alcala's view, "the Texas Constitution requires a decision by a quorum of judges on this Court, and thus a denial of habeas relief by a single judge on this Court fails to comply…
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When Police Need to be Policed: the East Hartford Police Cover-up Case
Problems in our criminal justice system are becoming a hot conversation topic, especially in light of shows like “Making a Murderer.” For most people, the idea of police planting evidence only happens in TV crime shows. Not so fast… As the best Connecticut criminal defense attorneys and lawyers know all too well, it actually happens more than you think. The problem is that it’s not always so easy to prove. The East Hartford Connecticut Michael Picard Scandal & Why It’s Important to Every Single Connecticut Arrest You may not have heard of Michael Picard’s Connecticut case. That’s because it’s one of the best kept secrets in Connecticut police misconduct history The top criminal lawyers attorneys in Hartford Connecticut know the case well: Mr. Picard, who carried a pistol lawfully with a permit, was legally protesting in East Hartford, Connecticut. Officers took his phone, pistol, and permit – all without a warrant.…
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HISTORY WILL ABSOLVE ME
"History will absolve me" is what fidel castro told the court that sentenced him to fifteen years for a failed coup attempt prior to his successful overthrow of the Cuban government. Pardoned and exiled, castro returned and executed a successful coup against the Batista regime. History has not absolved castro. History will condemn him. The history of Cuba from 1959 to the present is the history of all communist dictatorships- a failed economy; a people without rights of expression and movement and ownership of private property. The philosopher Ayn Rand wrote that there can be no rights without property rights, and history and castro and Cuba have been a microcosm of her proof. Our community is populated by Cuban expatriots whose only crimes was the ownership of property, the running of a business, and education. When castro imposed his dictatorship on Cuba, the doctors, lawyers, engineers, farm owners, and merchants were the first to flee torture,…
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We Prepare Every Case for Trial
Page Pate explains why we take the time and effort to prepare every case for trial, and how this helps us get great results for our clients. The post We Prepare Every Case for Trial appeared first on .
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California Man Who Refinanced Hotel Property Convicted Of Wire Fraud and Misstatements to a Bank in Federal Jury Trial
In the legal community, many of us expected white collar prosecutions for bank financing and mortgage fraud, including cases against lenders to be on the rise. There have not been as many cases as expected. The cases still seem to be against individuals who gave false information to get a loan. While some call these "liar's loans" - most frequently they are not prosecuted unless the borrower was not able to make the loan payments. A recent case involving hotel refinancing and construction loans show what kind of bank misstatement and loan fraud cases go criminal. In the cases we have worked on, the banks put together a large package of material to make it easy for the prosecutors to work up the case.On November 9, 2016, after a 12 day trial, a federal jury convicted Sanjiv Kakkar of wire fraud and making misstatements to a bank. The government presented evidence at trial that Mr. Kakkar presented false information to a bank in connection with…
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 200 The Judicial Presumption of Police Expertise Anna Lvovsky Columbia University - Law School Date posted to database: 30 Sep 2016 [2nd last week] 2 192 Debunking the Stranger...
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Jesus as Criminal Defense Lawyer: The Woman Accused of Adultery
What can we learn about criminal law from the story of the Jesus and The Adulterous Woman in John Chapter 8 of the New Testament? We can learn about what criminal defense lawyers do. We can learn about the laws of evidence. We can learn about a jury’s right and power to sentence. We can learn about connecting persuasively with people. First, the story from John Chapter 8: But Jesus went to the Mount of Olives. At dawn He went to the temple complex again, and all the people were coming to Him. He sat down and began to teach them. Then the scribes and the Pharisees brought a woman caught in adultery, making her stand in the center. “Teacher,” they said to Him, “this woman was caught in the act of committing adultery. In the law Moses commanded us to stone such women. So what do You say?” They asked this to trap Him, in order that they might have evidence to accuse Him. Jesus stooped down and started writing on the…
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Terrific content and context for Prez Obama's clemency work at Pardon Power
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Trump's Thansgiving Jaunt Cost $7 Million for Security
Protecting Donald Trump and his entourage grows more expensive daily. Take his jaunt to his Palm Beach resort for Thanksgiving. NBC News reports it cost taxpayers $7 million: As the soon-to-be first family sat down in Florida for their... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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The Many Crimes of Fidel Castro
Prof. Carlos Eire of Yale has this article in the WaPo:One of the most brutal dictators in modern history has just died. Oddly enough, some will mourn his passing, and many an obituary will praise him. Millions of Cubans who have been waiting impatiently for this moment for more than half a century will simply ponder his crimes and recall the pain and suffering he caused.* * *If this were a just world, 13 facts would be etched on Castro's tombstone and highlighted in every obituary, as bullet points -- a fitting metaphor for someone who used firing squads to murder thousands of his own people. * * *In sum, Fidel Castro was the spitting image of Big Brother in George Orwell's novel "1984." So, adiós, Big Brother,…
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Clinton Campaign to Participate in Vote Audit and Recount
Clinton Campaign finance guy Mark Elias has issued a statement saying the campaign will participate in a vote audit and recount of Wisconsin, and of Michigan and PA if Jill Stein files the requests. Because we had not uncovered any actionable... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Case o' The Week: Time for Land's End - McCandless and Bail Pending Habeas Resolution
Black Friday and Cyber Monday -- a fine time for the Ninth to be mulling Land's end. United States v. McCandless, 2016 WL 6647768 (9thCir. Nov. 10, 2016), decision available here.Players: Per curiam decision with Judges Wallace, Farris, and Watford. Hard-fought appeal by Hawaii Federal Public Defender Peter Wolff and First Assistant Alexander Silvert. Facts: McCandless, a Career Offender, is serving a 145-month sentence. Id. at *1. He received a § 5K1.1 departure on his original sentence: if the same percentage reduction was applied to his post-Johnson sentence, his term would be an (already-served) 71 months. Id. The district court stayed its decision on McCandless’s Johnson habeas petition pending Beckles. Id. at *2. The court then denied McCandless’s motion for bail. Issue(s): Is a district court’s order denying bail pending resolution of a habeas decision a final decision subject to review under 28U.S.C. § 1291, or otherwise appealable under…
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